Labor contract law carries out report expert to unscramble 5 large new issues

From; Author:Stand originally

From January 1, 2008 up to now, " labor contract law " already carried out 4 months. However, a series of new issues, new phenomenon makes proprietor of an enterprise and laborer feel be at a loss. In be aimed at these new phenomena, new issue special the one part that is paid close attention to, chinese youth signed up for a reporter to interviewed many relevant expert recently.

Send company autograph to make an appointment with with the service?

Phenomenon: Zhang Mou is worker worker of Sichuan book peasant, began to be in company of Beijing something estate to work 1997, did not sign a contract, also did not go up safe. On January 2, 2008, the unit informs the 10 people that include Zhang Mou inside, ask they and service send a company to sign a contract, remove otherwise labor concerns.

Reason: Analysis of Xie Liangmin of undersecretary of department of law of countrywide federation of trade unions says, the enterprise uses the means that the service sends, often be to achieve play truant, the purpose of wages of employee of embezzle part of what should be issued.

Means of settlement: The issue that “ service sends is a kind of very harsh action, but restrain without law all the time. " labor contract law " it is first time sends the service actually brought into a standard. ” Xie Liangmin says.

According to institute of labor law of university of Chinese politics and law assistant director Jin Yingjie introduces, " labor contract law " send to the service set strict limitative requirement, if the service sends an unit to register capital to be not gotten little at 500 thousand yuan; To using project unit, send the contract between tripartite of company, laborer conventional provision, material benefits of the salary standard of laborer, insurance, made the conditional limitation that is helpful for laborer; Send unit and the regulation that assume implicative liability to pay compensation with project unit through the service, the interest when solving the laborer that be sent to be damaged defends an issue.

" labor contract law " regulation, the post that the service sends should satisfy “ provisionality, auxiliary sex to perhaps replace the demand of sexual ” . Jin Yingjie expresses at this point, “ accords with ‘ only requirement of 3 sexes ' , employee just should send a company to sign a contract with the service. The key is not sign a contract with who, however how is the contract signed, the key is to want to be able to safeguard the rights and interests with legitimate stuff. ”

Sign blank contract?

Phenomenon: The about 100 people such as Liu Jinyi of peasant worker worker are in Beijing group of some college rear services works nearly 10 years, did not sign a contract all the time, also did not go up safe. This year on January 29, the unit allots blank labor contract, force them to sign, remove to it otherwise labor concerns. These contract some are only unit name, some has not fill in any clauses. Previous12Next